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Residential Tenancies and Rooming Accommodation Regulation 2025
sec.42Existing agreements
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### sec.42 Existing agreements
This section applies in relation to an existing agreement that, immediately before the commencement, properly included the standard terms or replacement terms under the expired regulation (the existing terms ).
See the expired regulation , section 11 for when a document purporting to be a residential tenancy agreement or rooming accommodation agreement was taken not to include the standard terms or replacement terms.
The existing terms are taken to be—
for an existing agreement that is a residential tenancy agreement, other than a community housing provider tenancy agreement—standard terms under section 55 of the Act ; or
for an existing agreement that is a community housing provider tenancy agreement—replacement terms under section 527C of the Act ; or
for an existing agreement that is a rooming accommodation agreement—standard terms under section 73 of the Act .
Subsection (2) applies only to the extent the existing terms of the existing agreement are not inconsistent with the Act .
See sections 52 to 54 and 72 , 75 and 76 of the Act .
Section 17 does not apply in relation to the existing agreement.
In this section—
existing agreement means—
a residential tenancy agreement in effect immediately before the commencement; or
a rooming accommodation agreement in effect immediately before the commencement.
(sec.42-ssec.1) This section applies in relation to an existing agreement that, immediately before the commencement, properly included the standard terms or replacement terms under the expired regulation (the existing terms ). See the expired regulation , section 11 for when a document purporting to be a residential tenancy agreement or rooming accommodation agreement was taken not to include the standard terms or replacement terms.
(sec.42-ssec.2) The existing terms are taken to be— for an existing agreement that is a residential tenancy agreement, other than a community housing provider tenancy agreement—standard terms under section 55 of the Act ; or for an existing agreement that is a community housing provider tenancy agreement—replacement terms under section 527C of the Act ; or for an existing agreement that is a rooming accommodation agreement—standard terms under section 73 of the Act .
(sec.42-ssec.3) Subsection (2) applies only to the extent the existing terms of the existing agreement are not inconsistent with the Act . See sections 52 to 54 and 72 , 75 and 76 of the Act .
(sec.42-ssec.4) Section 17 does not apply in relation to the existing agreement.
(sec.42-ssec.5) In this section— existing agreement means— a residential tenancy agreement in effect immediately before the commencement; or a rooming accommodation agreement in effect immediately before the commencement.
- (a) for an existing agreement that is a residential tenancy agreement, other than a community housing provider tenancy agreement—standard terms under section 55 of the Act ; or
- (b) for an existing agreement that is a community housing provider tenancy agreement—replacement terms under section 527C of the Act ; or
- (c) for an existing agreement that is a rooming accommodation agreement—standard terms under section 73 of the Act .
- (a) a residential tenancy agreement in effect immediately before the commencement; or
- (b) a rooming accommodation agreement in effect immediately before the commencement.